I came to alberta in may 2013 as a carpenter through the alberta occupation specific pilot. I did not get my qualification certificate yet and I will not be getting it before the july 31st. I am confident I will have it by sept/aug but that is going to be to late to apply. Do I have any options to continue working? Can I reapply and start the pilot over?
alberta occupation specific pilot.
- Thread starter Tvos83
- Start date
The application deadline is July 31, 2014 but that's only two weeks away. Do you think you can get another job offer to get a one year WP by July 31? More importantly, CIC may consider that by reapplying, you're seeking a WP extension, which is not allowed under the pilot. They may also question why you weren't able to complete the certification the first time around. It would be a good idea to call CIC for their advice on what you can do: 1-888-242-2100. You could double-check with AIT as well to see what they say.
If all else fails, would your employer agree to apply to Service Canada for an LMO/LMIA in order to retain your services? This involves paying a $1000 fee and first advertising for Canadians. However, it's likely easier to get such an approval in Alberta than elsewhere.
If all else fails, would your employer agree to apply to Service Canada for an LMO/LMIA in order to retain your services? This involves paying a $1000 fee and first advertising for Canadians. However, it's likely easier to get such an approval in Alberta than elsewhere.
I have had a hard time passing the qualification test I passed the theory on my second attempt and I just got my results on my practical on friday and failed with a 67 percent I needed a 70 and I could have applied. But the next test isnt until sept. We have applied for an lmo and it was denied because under address we put edmonton and for wage we put $26 and I make $35... so we put up a new ad with my bosses address and with the new ad wage from 26.50 to 35 and on the 19th of this month it will have been up for a month. I am just worried it will get denied again especially with all of these new rules.
As per the operational bulletin on the pilot: http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob279E.asp, WP extensions are not allowed. Since you will be continuing with the same employer, this would count as a WP extension. You could call CIC back, draw their attention to the OB, and ask for a second opinion. It's also possible you could get lucky and the officer processing your WP application might not be aware of the specifics of the OB and let you through. Or maybe the second LMO will work out.
Yes the officer I spoke to understood that there are no extensions allowed. However since my work visa has expired and currently I have no status. Technically I am not asking for an extension, instead I am asking to apply for the pilot a second time and there are no rules against that. But like I said she wasnt positive so the only way to find out is to go to a visa office or port of entry.... a costly thing to do especially if I am denied and have to turn back around.... this is a tricky situation and I wish I could just call the border.
hi Tvos83
unfortunately you can't apply for an extension under the same conditions because it was a pilot project and the OP clearly indicate that is not allowed.
you can always send an application but it's guaranteed you will be rejected,if you want to try and gamble the processing fees go ahead but your hopes will be dashed out once you receive the rejection letter.
the only way you can do this is to get an LMO called LMIA now which is very though under the new rules.i doubt you will get it in time since your employer is still waiting for the one month period on the ADD and then he will has to send the application and he can expects a delay from service canada since it's summer time and a lot of employees goes on vacation so they are understaffed kind off.
by the way is your employer aware of the new fees of the LMIA which a $1000 for each position applied for and this will not be refunded in the case of the refusal?
now the WORST thing is that you are out of status as you stated that your work permit has expired so in all ways you are not eligible for an extension by any means,the only thing you can do is to apply for a restoration of status within 90 days of your work permit expiry date if the 90 days already passed you have to leave the country and apply from outside canada because even at the border you will be turned down.
here is my piece of advice to you:if you are still within the 90 days of your work permit expiry date and have enough time on hands you should wait to see if you can get the LMIA on time and then apply for a restoration of status along with a work permit(who knows you might get lucky and your LMIA gets approved within 10 days as the new rules stated).
if you are within 90 days period not much time left you can apply for a restoration of status along with a change of status from a worker to a visitor,this way you can stay in canada legally and at least wait to redo your practical test(by the way im not sure if you can still do the test under the visitor status,please check with alberta apprenticeship).
if your 90 days grace period already gone or you do not intend to restore your status you MUST leave canada pretty soon because you have no status.
by the way if you are still working you should stop because your work permit already expired,and once you apply for a restoration you are allowed to stay in the country until you hear from CIC but you can't work.
i would also like to advise you that the fees for restoration of status is $200 plus the work permit or the visitor permit fees.you can apply either online or send in your paper application to the CPC vegreville in alberta.
sorry to hear that you did not pass your theory test on the first attempt but you can always try and hopefully you will get it the second time.
good luck
unfortunately you can't apply for an extension under the same conditions because it was a pilot project and the OP clearly indicate that is not allowed.
you can always send an application but it's guaranteed you will be rejected,if you want to try and gamble the processing fees go ahead but your hopes will be dashed out once you receive the rejection letter.
the only way you can do this is to get an LMO called LMIA now which is very though under the new rules.i doubt you will get it in time since your employer is still waiting for the one month period on the ADD and then he will has to send the application and he can expects a delay from service canada since it's summer time and a lot of employees goes on vacation so they are understaffed kind off.
by the way is your employer aware of the new fees of the LMIA which a $1000 for each position applied for and this will not be refunded in the case of the refusal?
now the WORST thing is that you are out of status as you stated that your work permit has expired so in all ways you are not eligible for an extension by any means,the only thing you can do is to apply for a restoration of status within 90 days of your work permit expiry date if the 90 days already passed you have to leave the country and apply from outside canada because even at the border you will be turned down.
here is my piece of advice to you:if you are still within the 90 days of your work permit expiry date and have enough time on hands you should wait to see if you can get the LMIA on time and then apply for a restoration of status along with a work permit(who knows you might get lucky and your LMIA gets approved within 10 days as the new rules stated).
if you are within 90 days period not much time left you can apply for a restoration of status along with a change of status from a worker to a visitor,this way you can stay in canada legally and at least wait to redo your practical test(by the way im not sure if you can still do the test under the visitor status,please check with alberta apprenticeship).
if your 90 days grace period already gone or you do not intend to restore your status you MUST leave canada pretty soon because you have no status.
by the way if you are still working you should stop because your work permit already expired,and once you apply for a restoration you are allowed to stay in the country until you hear from CIC but you can't work.
i would also like to advise you that the fees for restoration of status is $200 plus the work permit or the visitor permit fees.you can apply either online or send in your paper application to the CPC vegreville in alberta.
sorry to hear that you did not pass your theory test on the first attempt but you can always try and hopefully you will get it the second time.
good luck
Thanks for all the replies! As far as the lmia we are aware of the new fees. I have restoration status until august 24 and I we will be allowed to send our lmia application in a few days july 19th our new ad will have been running for a month. The most annoying thing in this whole process is I hired a lawyer and paid him $2000 to do the original lmo and it still got denied. So it is pretty frustrating that I am losing this much work and it costs an extra $1000 to reapply. Anyways I want this lmia to go through I am a carpenter and my wage is $35/hr what are the steps needed to take so I can make sure my lawyer hasnt missed anything. Thank you very much
Tvos83, you should be aware:
- Hiring a lawyer doesn't automatically mean the LMIA will be approved. Even the most competent lawyer can only ensure that the application is complete and correctly filed. Service Canada ultimately decides whether to approve or refuse the application.
- Under Alberta's Fair Trading Act, it was illegal for the lawyer to accept payment from you to prepare the LMIA paperwork. The payment should have come from the employer.
- Hiring a lawyer doesn't automatically mean the LMIA will be approved. Even the most competent lawyer can only ensure that the application is complete and correctly filed. Service Canada ultimately decides whether to approve or refuse the application.
- Under Alberta's Fair Trading Act, it was illegal for the lawyer to accept payment from you to prepare the LMIA paperwork. The payment should have come from the employer.
My boss has covered all the costs however he is getting annoyed and if this doesnt go through I will have no home.... to get denied for what we got denied for was pretty harsh. Under address we put edmonton because our jobsites are literally all over the city not just one location also we put up a job posting with the required wage for the position and it was denied because I am paid more.... we have done everything they have asked and now it is extremely hard because people have abused the system. I spent a lot of my life time and money to come through this pilot program and I would have easily finished and passed all my tests if they were not 4 months in between every test. Now I have an apt full of furniture a cell phone and contract and car that I will need to sell on top of that I have no home or job to go to....